Questions & Answers
Questions & Answers
7 available 7 • View allRights of the employee in termination for redundancy
21
Q: Dear Sir/Madam,
Is it legal under the UAE labour law to dismiss someone for redundancy, in particular as this is not linked to restructuring, factory closure, business resizing...etc?
Regards,
EAM

Nov 29, 2018
10821
Claiming benefits for termination without a valid reason
9
Q: I am working in the HR department in one of the private companies for the last 12 years. Last week I received a redundancy letter from the HR manager terminating me for reducing people.
However, the actual reason is something else. I have sent an email to our company helpline on the HR manager and complained about him, and he came to know that I have sent an email to the senior manager.
It was only me who got this letter from the HR department. Now, they got a replacement for my position.
Can I file a complaint against the company in the labour court?
Please advise.

Jan 7, 2018
5790
Rights of the employee upon termination without a valid reason
4
Q: Sir,
What are my rights (terminal benefits) when terminated from employment as the company does not require my service?
There are no negative records in my service period and the company is now trying to reduce the cost as they have fewer jobs than expected.
I have worked for 2 years and 4 months (stamped second visa).
How will it be if termination with immediate effect and/or immediate termination with the salary in lieu of one-month notice?

Sep 26, 2018
992
Would a promotion offered with less salary be considered constructive dismissal?


1
Q: Hello,
I am originally from the UK and relocated to Dubai in 2004 when my company established a new office.
I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role.
Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain.
I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it's a major drop in salary (basic salary would drop by 40%).
There are no additional allowances. Currently, I receive basic salary + allowances.
I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?



Apr 5, 2021
588
What to do with a colleague who got a promotion that he does not deserve?

2
Q: I have been working in Dubai with a company for 2 years now. Last year, I was “verbally” promised of promotion but due to Covid19, things changed. Two months ago, we went for an interview to decide who will be selected.
We are six; including a guy who since joining the company was transferred to 4 different locations because of sexual harassment without taking any action against him because his cousin works as a financial manager in the head office.
Everyone was surprised when he was selected despite everything, our direct manager told me that they were going to terminate him but things changed.
I want to know if there is anything that can be done. I have witnesses to his previous behavior and reports; the majority of the team knows about him but afraid to come forward because they might lose their jobs, so what can we do?
Thank you for your help!
I need advice on whether to go after this or forgot it.


May 26, 2021
323
Unfair dismissal by my employer due to filing a complaint
4
Q: I work for my employer starting from 09/02/2021 till 08/02/2023. Earlier, I was receiving AED 2000 total salary. Basic Salary: 1500, Accommodation and Transportation: 500.
Even though my contract states: Basic Salary: 1500, Accommodation Allowance: First Party, Transportation Allowance: First Party and no amount was stated for such allowances.
My employer suddenly reduced my total salary to 1500 since April 2021 and refused to provide me a decent accommodation.
Upon filing a complaint, my employer arbitrarily dismissed me from work on the 28th of December 2021 without salary from December till now.
He ordered his PRO to throw my laptop bag and belongings outside the shop, locked me outside and stopped me from working till today.
This is my case. Please, what do you suggest I claim now? Because even though my employer terminated me, he never put it in writing but was practically done.

Feb 22, 2022
255
Terminated due to company losses: What are the labor rights deserved?




1
Q: Dear Sir/Madam,
My husband has been working for a company for 4.5 years. However, he was terminated with a one-month notice until the end of February due to company losses.
Can he receive three months' salary, gratuity, and leave?
Thank you!





+1
Feb 7, 2024
111
Legal blog
2 available 2 • View allTermination Without a Valid Reason - What Can You Do? 12
An interview-format article covering the topic of employment termination without a valid reason in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of termination, like notice periods, end of service benefits, arbitrary dismissal, unpaid salaries etc.
Jan 15, 2020
5476
An Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
90516
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103613
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12405
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26438

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
345
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2651
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
366
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
358
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
397
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